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Environmental Group Says Arizona Bald Eagle Should Remain on Endangered Species List

Posted on: Tuesday, 5 February 2008, 09:00 CST

By Bill Coates

Feathers could fly as legal eagles fight over whether the bald eagle in Arizona should be stricken from the endangered species list.

A Western-based environmental group sued the U.S. Interior Department for not treating Arizona's bald eagles as distinct from bald eagles nationwide. Throughout the lower 48 states, the bald eagle has made dramatic recovery.

In 1963, breeding pairs numbered 487, according to the Interior Department. That number now stands at nearly 10,000. The federal agency formally announced in July it was removing the bald eagle from the endangered species list, including the Arizona population.

But the Center for Biological Diversity estimates that only about 50 breeding pairs exist in Arizona, and that they're uniquely adapted to the state's hot, dry climate. The eagles nest along the rivers that flow through the desert regions.

As a "distinct population segment," the center contends, the Arizona bald eagle should remain listed. The bald eagle had been listed as threatened

The center filed suit January 2007, about three months after the Interior Department first said Arizona's bald eagles were not a distinct population segment. That cleared the way for delisting them along with the bald eagles nationwide.

A one-hour hearing before U.S. District Court Judge Mary Murguia is set for Feb. 5 at 3 p.m., in Phoenix.

"We need the judge recognize that denial of protection, and particularly habitat protection, for the desert-nesting bald eagle is illegal," said Robin Silver, the center's board chairman.

The Endangered Species Act requires separate protection for unique populations, Silver said. The center first petitioned to have Arizona's bald eagle recognized as unique in October 2004.

But the Interior Department said in the July 9 Federal Register that the petition "did not present substantial scientific or commercial information indicating that the petitioned action may be warranted."

Arizona Department of Game and Fish officials did not contest the delisting, saying it was a federal matter.

A state lawmaker, however, wants to make protection a state matter as well.

"What the bill would intentionally do is create an Endangered Species Act in Arizona," says Rep. Ed Ableser, D-17, of Tempe.

Among other things, the legislation would list the bald eagle in Arizona as endangered until 2015. Then its status would be reviewed by the Arizona Game and Fish Department.

"I think the most important thing is protecting the symbol of America and America's freedom and liberty," Ableser added.

In addition, the proposal would designate critical habitat for endangered species, as does the federal law now. The designation can restrict development.

Ableser has yet to introduce his bill. He first sought support from Rep. Jerry Weiers, R-12, of Glendale. Weiers chairs the House Natural Resources and Public Safety Committee, where a bill on bald eagles would most likely land.

In addition to Weiers, Ableser met with two Arizona Game and Fish commissioners, Chairman William McLean and Jennifer Martin.

Weiers gave Ableser's proposal a cool reception.

For one thing, Weiers said in an interview, a state law simply isn't needed -- with the federal Endangered Species Act already on the books.

"By mandating something that's already being done, other than spending more money, we're not really accomplishing anything," Weiers said.

He added that bald eagles continue to receive protection under the Bald and Golden Eagle Protection Act, which prohibits taking, harming or disturbing an eagle's nest or feeding ground.

Commissioner Martin sided with Weiers. A state endangered species law would be overkill. She said she was speaking for herself and not the commission.

Critical habitat, for one, should be determined by federal law, said Martin, who's a biologist by training.

Speaking of Ableser, she added: "He is looking for a mechanism for designating critical habitat at the state level."

She said the agency has worked hard to foster good relations with landowners. A second-tiered endangered species act could harm that, she said.

If such an act passed, she said: "They won't even let us come on their property and survey anymore."

But Silver said the whole point of an endangered species act -- state or federal -- is to protect habitat.

"Animals need a place to live," Silver said.

Without endangered species protection, he said, development could threaten bald eagle nests along the Verde River.

"The state of Arizona says, 'Go ahead, destroy the Verde,'" Silver said. "Destroy whatever habitat you would like in order to develop wantonly."

In 2004, the center petitioned Game and Fish to increase eagle protection, citing the agency's own data predicting extinction of Arizona's bald eagle population, if nothing is done.

But Eric Gardner, the agency's non-game chief, said that research was based on a computer model that hasn't held up. The model, presented in 2003, predicted a 5 percent decline in Arizona's bald eagle population. Instead, the population has increased to 53 nesting pairs, up from 45 in five years.

"Probably something's wrong with the model," Gardner said.

He added the bald eagle has made a strong recovery since the early 1970s, when biologists counted fewer than a dozen nesting pairs.

Even without endangered-species protection, Game and Fish officials say, Arizona's bald eagles will have protection. Gardner mentions the Southwestern Bald Eagle Management Committee. Along with Game and Fish, membership includes nearly two-dozen state, federal and tribal agencies, as well as utility companies.

Among other things, the committee runs the nest-watch program and oversees closure of eagle-nest areas near recreation sites.

For Silver, however, it's too little -- if not too late.

He has spoken to Ableser about the endangered-species proposal.

There is precedent, he said. California has its own endangered species law. The Center for Biological Diversity recently petitioned California to protect the Pacific fisher -- related to otters and wolverines -- under that state's endangered species act.

With no such law to fall back on in Arizona, the center will turn its focus to the courtroom and the federal government.

Source: Arizona Capitol Times

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